Consumer

Consent Forms for Medical Procedures in India

Consent Forms in Medical Procedures in India ‘Consent’ is a very well-known  concept found in pretty much every aspect of law. Every transaction to be legal requires consent amongst entities capable of giving so. Else the transaction is, generally, void or voidable at the peril of one party or another. Accordingly, consent finds center place in Contracts Act, Hindu Marriage Act , and several provisions of the Indian Penal Code , to name just some examples. Consent in Medical situations, however, is a more complicated matter. To begin with the two parties are unequally placed. On one side is a…
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Consumer

Forgery of Medical Records – what recourse ?

Forgery of Medical Records Medical Negligence - is a unique genre of crime. Done (obviously) without intent but negligence, it is usually committed behind closed doors of an Operation Theater on the uninformed and the unconscious with perhaps NO knowledge of Law. The negligent party- doctor or the Hospital has usually the infrastructure and resources to fight a long battle. They can employ a battery of lawyers well versed in various tactics, including how to delay the case as much as possible since the delay only serves to benefit the guilty and further harass/ cause mental anguish to the wronged.…
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Consumer

Medical Negligence-Vicarious Liability of Doctors

Medical Negligence - Vicarious Liability of Doctors Vicarious Liability of Doctors Vicarious liability of doctors is a matter of serious concern to doctors as well as patients. Vicarious is defined as ‘acting or done for other’. During a normal medical procedure involving surgery, there are a number of people involved. There is, of course, the ‘Head’ or the ‘main’ doctor , under whose supervision the patient is undergoing treatment. Besides, there are assistant doctors, anesthetists, even Interns who attend to gain experience, nurses etc. Each of them may be tasked by different responsibilities. In this situation, a defense may be…
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Consumer

Risks- does your Doctor tell ? If not, it still is yours !

Risks-is Your Surgeon gambling with your life ?   Is your Doctor playing Dice with you ? The  Risks are yours ! It is bounden duty of a Doctor to tell his patient pros and cons - including Risks - of treatment suggested by him. Plain common sense, backed by law and several cases. However, sometimes the Doctor/ Surgeon errs grossly on this. Reasons ? Money or sheer incompetence / overconfidence. Who pays ? The Patient. For a lifetime, many While there is a whole plethora of cases similar, they still do not seem to stop. In one of the…
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